Judgments and decisions of 14.11.2024

2024-11-14T00:00:00
issued by the Registrar of the Court   ECHR 265 (2024)   14.11.2024   Judgments and decisions of 14 November 2024   The European Court of Human Rights has today notified in writing 23 judgments1 and 64 decisions2:   two Chamber judgments are summarised below;   21 Committee judgments, concerning issues which have already been examined by the Court, and   the 64 decisions, can be consulted on Hudoc and do not appear in this press release.   The judgments summarised below are available only in English.   Afgan Mammadov v. Azerbaijan (application no. 43327/14)   The applicant, Afgan Mammad oglu Mammadov, is an Azerbaijani national who was born in 1962   and lives in Baku.   The applicant was a lawyer and a member of the Azerbaijani Bar Association (“the ABA”). The case   concerns his disbarment in 2013.   Disciplinary proceedings had been brought against him after he had made a complaint to the   Presidium of the ABA accusing another lawyer of corruption and abuse of power – notably selling   warrants to the investigating authorities. He had refused to participate in those proceedings in   person, calling into question the legitimacy of the Presidium and its chairman. The national courts   endorsed the Presidium’s findings that the applicant’s actions had been incompatible with advocacy   and legal-professional ethics.   Relying in particular on Article 10 (freedom of expression) of the European Convention on Human   Rights, the applicant alleges that the disciplinary proceedings against him and his disbarment were in   violation of his rights.   Lastly, relying on Article 46 (binding force and implementation) of the European Convention, the   applicant asked the European Court to request that his membership of the ABA be restored.   Violation of Article 10   Just satisfaction:   non-pecuniary damage: 5,000 euros (EUR)   costs and expenses: EUR 1,000   Zakrzewski v. Poland (no. 63277/19)   The applicant, Łukasz Zakrzewski, is a Polish national who was born in 1990 and lives in Zakrzów   (Poland).   1 Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber   judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a   panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and   deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the   Convention, judgments delivered by a Committee are final.   Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.   Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution   2 Inadmissibility and strike-out decisions are final.   Mr Zakrzewski was convicted in 2017 for unlawful possession of 5 kg of marijuana and sentenced to   two years’ imprisonment. The case concerns the increase in his prison sentence as a result of a   cassation appeal lodged by the Minister of Justice/Prosecutor General, when he had already served   more than half of the original sentence and been released from prison on parole.   The case will be examined under Article 6 § 1 (right to a fair trial) of the Convention. Mr Zakrzewski   argues in particular that the proceedings in his case had been reopened after the judgment   convicting him had become final and he had been released on parole, solely because the courts   differed in their assessment of the leniency of the penalty to be imposed and not because any   fundamental defect had been discovered in his first trial.   Violation of Article 6 § 1   Just satisfaction:   non-pecuniary damage: EUR 6,000   costs and expenses: EUR 1,650   This press release is a document produced by the Registry. It does not bind the Court. Decisions,   judgments   and   further   information   about   the   Court   can   be   found   on   https://www.echr.coe.int/home. To receive the Court’s press releases, please subscribe here:   www.echr.coe.int/RSS/en or follow us on X (Twitter) @ECHR_CEDH.   Press contacts   [email protected]e.int | tel.: +33 3 90 21 42 08   We are happy to receive journalists’ enquiries via either email or telephone.   Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30)   Denis Lambert (tel.: + 33 3 90 21 41 09)   Inci Ertekin (tel.: + 33 3 90 21 55 30)   Neil Connolly (tel.: + 33 3 90 21 48 05)   Jane Swift (tel.: + 33 3 88 41 29 04)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe member   States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   2